In California, either parent can request for custody modifications. If you are experiencing a shift in your employment status or noticing a significant decline in your health, you may seek the court’s assistance for an update of your child custody order.
When can I modify my custody order?
To begin with the process, you must fill up a petition form and submit the necessary paperwork that can be referenced as proof of your “substantial change” in circumstances. Five common reasons for these changes include:
- A work relocation that makes visits challenging
- A significant shift in your health condition
- A change in your mature child’s preference
- A change in your child’s educational, medical or emotional needs
- A voluntary modification from both you and your ex-spouse
You can file your petition on your own or seek the help of a family law attorney. Keep in mind that your request must be fair for both parties and taken into consideration of your children’s best interests.
How do courts determine the child’s best interests?
Each family’s custody order and visitation arrangement is determined by the courts on a case-to-case basis, with several key factors that help prioritize the children’s best interests. These include:
- Your children’s age and health
- Your children’s emotional ties with you and your ex-spouse
- You and your ex-spouse’s capabilities to care for your children
- If there is any history of family or domestic violence
As long as your request is aimed towards your children’s welfare, you can pursue the change you need to make with ease and slowly navigate your way towards your evolving change of circumstances.
